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HomeMy Public PortalAbout130_031_13-2015 Sec 12-1-a-19 smoking prohibition 03.05.15 EMH ORDINANCE NO. 13-2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO SECTION 12-1(a), RELATING TO USE OF MUNICIPAL BEACHES AND FACILITIES TO PROVIDE AN EFFECTIVE DATE, TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof, and therefore the need to increase the regulation of activities on the beaches of the City; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend Section 12-1(a) so as to create an additional rule thereunder to be subsection(19), Smoking prohibition, and to provide an effective date, to repeal conflicting ordinances and for other purposes. NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances, Section 12-1(a)(19), Smoking prohibition, be created so that hereafter the section shall read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended so as to create Section 12-1(a)(19) which shall read as follows: • Sec. 12-1. - Use of municipal beaches and facilities. (a) Rules and regulations. All persons entering upon the public beaches, or structures erected thereon, shall comply with the following rules and regulations, and failure to do so shall constitute a violation of this article: (19) Smoking prohibition. It shall be unlawful for any person to smoke any tobacco or similar product or to possess a lighted tobacco or similar product intended for inhalation in any manner or in any form, including cigarettes, cigars,pipes, the use of E-cigarettes, or the use of any oral smoking device, on the beaches, crosswalks, or the pier, or any other structure of the city except as specifically allowed in designated smoking areas which shall be established by the city manager and marked with reasonable signage. In areas where smoking is permissible, it shall be unlawful to litter by leaving cigarettes, trash, or other debris on the sand or ground and/or to throw,place, deposit, sweep, or scatter any cigarette butts, cigars,pipe debris in other than a container designated for that purpose. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2015. MAYOR 2 ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/13-2015 Sec 12-1-a-19 smoking prohibition 03.05.15 EMH 3